CJI Dipak Misra for removal of Allahabad HC judge over medical scam

Aaron Brown
February 1, 2018

With an in-house committee concluding that a judge of the Allahabad High Court had committed judicial impropriety serious enough to warrant his removal, the subject of corruption in the higher judiciary is in the news.

Former Supreme Court judges and legal luminaries have taken a dim view of CPI-M General Secretary Sitaram Yechury's move to initiate impeachment proceedings for removing Chief Justice of India Dipak Misra on the issues raised by four senior judges in their now famous "Friday press conference" on January 12.

According to the list of business released by the Allahabad high court registry for January 30, Justice Shukla's name does not appear on the roster.

The Allahabad High Court judge had come under the spotlight after he made hand-written corrections on September 4, 2017, to his own bench's order of September 1, so as to allow a medical college in Uttar Pradesh to admit students for the 2017-18 session. The complaint about misbehaviour or incapacity against a judge has to be probed under the Judges (Inquiry) Act, 1968.

Following the committee's report, the CJI, in accordance with the relevant in-house procedure, advised Shukla to either resign or seek voluntary retirement forthwith. His position has paved the way for the CJI to recommend his removal. The committee should consist of the Chief Justice or a judge of the Supreme Court, a Chief Justice of a high court and a distinguished jurist.

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A removal motion signed by 100 members in case of the Lok Sabha or 50 members in case of the Rajya Sabha is to be given to the Speaker or the chairperson.

The Supreme Court has been functioning with only one woman judge for the past three years with Justice R Banumathi being the only woman judge since October 29, 2014.

The CJI, however, did not immediately give the CBI the go-ahead to register an FIR against Justice Shukla as he believed the matter against a sitting judge needed to be probed first by an in-house committee.

In the programme Justice Kurian Joseph and Justice Madan B Lokur, two of the rebels (the others being Justices J Chelameswar, Ranjan Gogoi) were present and also met CJI. Download The for your device.in English and other languages.

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